motion for peremptory challenge to judge james c. chalfant
DESCRIPTION
Archer seeks (within their rights) to remove on of the most respected CEQA jurists, Judge James Chalfant, from the lawsuit.TRANSCRIPT
1 LATHAM & WATKINS LLP James L. Arnone (Bar No. 150606)
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[email protected] Benjamin J. Hanelin (Bar No. 237595)
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[email protected] 355 South Grand Avenue
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Los Angeles, California 90071-1560 Telephone: (213) 485-1234
5 Facsimile: (213) 891-8763
6 LATHAM & WATKINS LLP Jennifer K. Roy (Bar No. 281954)
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[email protected] 12670 High Bluff Drive
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San Diego, CA 92130 Telephone: (858) 523-5400
9 Facsimile: (858) 523-5450
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15 SUNSET COALITION; BRENTWOOD RESIDENTS COALITION; BRENTWOOD
16 HILLS HOMEOWNERS ASSOCIATION; and DAVID AND ZOFIA WRIGHT,
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Petitioners,
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20 CITY OF LOS ANGELES,
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Respondent.
22 ARCHER SCHOOL FOR GIRLS, DOES 1-10,
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24 Real Party in Interest.
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CASE NO, BS157811
Assigned To: Hon. James C. Chalfant
MOTION FOR PEREMPTORY CHALLENGE TO JUDGE JAMES CHALFANT; DECLARATION OF BENJAMIN J. HANELIN IN SUPPORT THEREOF
(Violation of California Environmental Quality Act and Los Angeles Municipal Code)
Trial Setting Conference Date: December 8, 2015 Time: 1:30 p.m. Place: Dept. 85
Petition Filed: September 9, 2015
Attorneys for Real Party in Interest The Archer School for Girls
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL JUDICIAL DISTRICT
LATHAM6WATK
ATTORNEYS AT LAW
Los ANGELES
CASE NO. BS MOTION FOR PEREMPTORY CHALLENGE; DECLARATION OF BENJAMIN J. HANELIN
1 TO THE SUPERIOR COURT OF LOS ANGELES COUNTY:
2 Pursuant to section 170.6 of the Code of Civil Procedure, Real Party in Interest The Archer
3 School for Girls respectfully moves this Court for a peremptory disqualification of the Honorable
4 Judge James C. Chalfant in the above-captioned matter. This Motion is based on the attached
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Declaration of Benjamin J. Hanelin.
6 Dated: October 6, 2015
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Respectfully submitted,
LATHAM & WATKINS LLP James L. Arnone Benjamin J. Hanelin Jennifer K. Roy
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Attorneys for Real Party in Interest The Archer School for Girls
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1 L AT H A M.WATK I N5,-•
ArroRosys AT LAW
Los ANI3ELE3
CASE NO. BSI578 I I MOTION FOR PEREMPTORY CHALLENGE; DECLARATION OF BENJAMIN J. HANELIN
1 DECLARATION OF BENJAMIN J. HANELIN
2 I, Benjamin J. Hanelin, declare:
3 1. I am counsel at the law firm of Latham & Watkins LLP, counsel for Real Party in
4 Interest The Archer School for Girls ("Archer"), and a member in good standing of the State Bar
5 of California. I have personal knowledge of the facts set forth herein and if called as a witness
6 could and would testify competently to them.
7 2. I was first notified that the above-captioned case was assigned to the Honorable
8 Judge James C. Chalfant on September 28, 2015, when this case was filed and assigned to
9 i Department 85 of the Superior Court of Los Angeles County
10 3. I believe that the Honorable Judge James C. Chalfant, before whom the above-
11 captioned matter is now pending, is prejudiced against Archer's interests to such an extent that
12 Archer cannot receive a fair and impartial hearing before Judge Chalfant
13 4. Judge Chalfant has not ruled on any contested issue of fact in this matter.
14 I declare under penalty of perjury under the laws of the State of California that the
15 E foregoing is true and correct.
16 Executed this 6th day of October, 2015, at Los Angeles, California.
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19 i - BENJAMIN J. HANELIN
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LATHAM&WATKINS., ATTORNEYS AT LAW
LOS ANGELES
CASE NO. ES15781 I MOTION FOR PEREMPTORY CHALLENGE; DECLARATION OF BENJAMIN J. HANELIN
PROOF OF SERVICE
I am employed in the County of San Diego, State of California. I am over the age of
18 years and not a party to this action. My business address is Latham & Watkins LLP, 355 South
Grand Avenue Los Angeles, California 90071-1560
On October 6, 2015, I served the following document described as:
MOTION FOR PEREMPTORY CHALLENGE TO JUDGE JAMES CHALFANT; DECLARATION OF BENJAMIN J. HANELIN IN SUPPORT THEREOF
BY U.S. MAIL
I am familiar with the office practice of Latham & Watkins LLP for collecting and
processing documents for mailing with the United States Postal Service. Under that practice, i
10 documents are deposited with the Latham & Watkins LLP personnel responsible for depositing
11 documents with the United States Postal Service; such documents are delivered to the United
12 States Postal Service on that same day in the ordinary course of business, with postage thereon
13 fully prepaid. I deposited in Latham & Watkins LLP's interoffice mail a sealed envelope or
14 package containing the above-described document and addressed as set forth below in accordance
15 with the office practice of Latham & Watkins LLP for collecting and processing documents for
16 mailing with the United States Postal Service:
17 Douglas P. Carstens Michelle Black
18 CHATTEN-BROWN & CARSTENS LLP 2200 Pacific Coast Hwy, Suite 318
19 Hermosa Beach, CA 90254
Attorneys for Petitioners Sunset Coalition, Brentwood Residents Coalition, Brentwood Hills Homeowners Association, David and Zofia Wright
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Michael N. Feuer Attorneys for Respondent Terry Kaufmann Macias City of Los Angeles
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Jennifer K. Tobkin 200 North Main Street, 701 City Hall East
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Los Angeles, CA 90012
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I declare that I am employed in the office of a member of the Bar of, or permitted to
24 practice before, this Court at whose direction the service was made and declare under penalty of
25 perjury under the laws of the State of California that the foregoing is true and correct.
Executed on October 6, 2015 at Los Angeles, California.
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28 LA14294826.1
3 CASE NO. BS157811
MOTION FOR PEREMPTORY CHALLENGE; DECLARATION OF BENJAMIN J. HANELIN
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11\i"L\ Mary Lou Ledesma
L A T H A M. WAT KIN'S ATTORNEYS AT LAW
LOS ANGELES